Robert Phoneprasith v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2023)

Robert Phoneprasith filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 17, 2019. He claimed this was a Table injury and that he experienced residual effects for more than six months.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that the petitioner was entitled to compensation. The respondent agreed that the injury was consistent with SIRVA as defined by the Vaccine Injury Table and that the petitioner met all legal prerequisites for compensation.

Subsequently, a ruling on entitlement was issued, finding the petitioner entitled to compensation. Following this, the respondent filed a proffer on award of compensation, recommending an award of $50,000.00 for pain and suffering.

The petitioner agreed with this proffered award. The Chief Special Master issued a decision awarding the petitioner a lump sum payment of $50,000.00 for pain and suffering, representing compensation for all damages available under the Act.